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UNITED STATES EX REL. EDWARDS v. FOLLETTE

No. 541, Docket 32280.

399 F.2d 298 (1968)

UNITED STATES of America ex rel. Lenox J. EDWARDS, Appellee, v. Harold W. FOLLETTE, as Warden of Green Haven State Prison, Stormville, New York, Appellant.

United States Court of Appeals Second Circuit.

Decided July 25, 1968.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, of counsel), for appellee.

Michael H. Rauch, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellant.

Before MOORE and FRIENDLY, Circuit Judges, and BRYAN, District Judge.

PER CURIAM:

We affirm essentially for the reasons stated in Judge Tyler's thorough opinion below.

However, we do not go as far as Judge Tyler seems to have gone, in holding that once the defendant, who lacks appellate counsel, has manifested his indigency and his desire to appeal, "the burden shifts to the state to properly process his appeal."

As we stated in United States ex rel. Mitchell v. Follette, 358 F.2d 922

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